<p>
    <strong>Corona-Warn-App</strong>
</p>
<p>
    <strong>Terms of Use</strong>
</p>
<p>
    CONTENTS
</p>
<p>
    1. What features does the App have?
</p>
<p>
    2. What does low or elevated risk mean?
</p>
<p>
    3. What should I do if I have been exposed to a confirmed case?
</p>
<p>
    4. The App does not protect you against infection
</p>
<p>
    5. Retrieval of test results
</p>
<p>
    6. Activating the warning feature
</p>
<p>
    7. Requirements for using the App
</p>
<p>
    8. Limitations of the App
</p>
<p>
    9. Rights of use
</p>
<p>
    10. Important information about availability and changes

</p>
<p>
    11. No warranty
</p>
<p>
    12. Special terms for the iOS version of the App
</p>
<p>
    13. Final provisions
</p>
<p>
    The app is published by
</p>
<p>
    Robert Koch-Institut
</p>
<p>
    Nordufer 20
</p>
<p>
    13353 Berlin (<strong>RKI</strong>),
</p>
<p>
    which is represented by its President. Please email CoronaWarnApp@rki.de if you have any
    questions, complaints or legal claims relating to these Terms of Use.
</p>
<p>
    Please read these Terms of Use carefully. These Terms of Use govern your
    use of the Corona-Warn-App and any future versions thereof (patches,
    updates and upgrades) (the <strong>App</strong>) and the use of other
    services which are currently provided or will be provided in the future by
    the RKI in connection with the App (<strong>CWA Services</strong>). You can
    view these Terms of Use at any time by going to “App Information” in the
    App itself or by visiting https://www.coronawarn.app/assets/documents/cwa-eula-en.pdf.
    The separate privacy notice (also available under “App Information” and
    at https://www.coronawarn.app/assets/documents/cwa-privacy-notice-en.pdf)
    is not part of these Terms of Use. Nevertheless, you are advised to read
    the privacy notice carefully.
</p>
<p>
    The App is available from the Apple App Store for use on iOS smartphones
    and from Google Play for use on Android smartphones.
    General terms of use for apps from Apple or Google do not apply to the RKI.
    The RKI is solely responsible for the content of the App as well as its
    maintenance and care and for any legal claims you may have in relation to
    the App.
</p>
<p>
    By installing and using the App, you confirm that you agree to these Terms
    of Use. If you do not agree to the Terms of Use, you may not install or use
    the App (or you will need to delete it) and nor may you use the associated
    services and systems. This does not affect any rights under open-source
    licences relating to the App’s source code.
</p>
<p>
    You are responsible for compliance with these Terms of Use even if you give
    the smartphone on which you have installed the App to third parties and they
    use the App.
</p>
<p>
    The App is aimed at people who are at least 16 years of age.
</p>
<p>
    1. WHAT FEATURES DOES THE APP HAVE?
</p>
<p>
    The aim of the App is to break SARS-CoV-2 infection chains at an early
    stage. The intention is to inform people as reliably and quickly as
    possible about encounters they have had with infected individuals and thus
    any potential transmission of the virus, so that they can self-isolate and
    help to contain the SARS-CoV-2 pandemic.
</p>
<p>
    The App uses the COVID-19 exposure notification system provided by Apple
    and Google (<strong>COVID-19 Exposure Notification System</strong>), which
    is an integral part of your smartphone’s operating system. The exact name,
    operation, and functionality of the COVID-19 Exposure Notification System
    may vary depending on the manufacturer and version of your operating
    system. The COVID-19 Exposure Notification System is not part of the CWA
    Services or the App, but a system requirement of the App. The provider of
    the respective operating system is responsible for the availability,
    functionality, reliability and the terms of use and data processing of the
    COVID-19 Exposure Notification System. The RKI has no influence on this.
</p>
<p>
    The key features of the App are set out below. The descriptions are
    provided for your information. They do not constitute legally binding
    specifications or any agreement concerning certain features. Please also
    refer to the relevant information and reservations in Section 10.
</p>
<p>
    Risk identification
</p>
<p>
    After you have enabled your operating system’s COVID-19 Exposure
    Notification System and the App’s risk identification feature, the COVID-19
    Exposure Notification System starts sending random IDs via your smartphone’s
    Bluetooth interface. At the same time, the COVID-19 Exposure Notification
    System receives the random IDs of other users and stores them together with
    technical information, which is relevant for determining the risk of
    infection, about the Bluetooth signal strength (generally speaking: the
    stronger the signal, the shorter the distance), the day and the duration of
    the exposure.
</p>
<p>
    At regular intervals, the App uses the CWA Services to retrieve a list of
    the random IDs of people who have reported an infection in the official
    coronavirus app of any country participating in the transnational warning
    system, and transfers this list to the COVID-19 Exposure Notification
    System. The COVID-19 Exposure Notification System compares these with the
    random IDs stored in the smartphone to identify a possible exposure.
</p>
<p>
    Risk of infection
</p>
<p>
    In the event of a possible exposure involving someone who tested positive,
    the COVID-19 Exposure Notification System notifies the App and provides it
    with the information recorded about the signal strength, day, and duration
    of the contact. The App evaluates this recorded information and then
    informs you about the risk of infection identified for you, and any
    corresponding recommendations from the RKI about what you should do next.
    This may include contacting a medical professional or the local public
    health department (<em>Gesundheitsamt</em>) and/or self-isolating at home.
</p>
<p>
    Registering a test
</p>
<p>
    As soon as you have been tested for infection with SARS-CoV-2, you can use
    the App to start the digital test information process and thus be notified
    of your test result. For this to work, the testing laboratory needs to be
    connected to the CWA Services and provide you with a QR code or a TAN to
    register your test. The App is only able to provide the test result from
    the relevant lab. The RKI is not responsible for conducting the test or for
    the content of the test result.
</p>
<p>
    Warning others
</p>
<p>
    If your SARS-CoV-2 test result is positive, you can transmit your own
    random IDs from the last 14 days, which are stored in the COVID-19 Exposure
    Notification System, as well as optional information about the onset of any
    symptoms, to the CWA Services. This will allow other people who use the
    official coronavirus app of any country participating in the transnational
    warning system to be notified on their own smartphones of any possible exposure
    involving you.
</p>
<p>
    Technical specifications of the App
</p>
<p>
    Detailed descriptions of the technical features of the App and the related
    services and systems are available at:
</p>
<p>
    https://github.com/Corona-Warn-App
</p>
<p>
    These technical specifications are provided for information purposes only
    and do not form part of these Terms of Use. They do not constitute legally
    binding App specifications.
</p>
<p>
    Further information
</p>
<p>
    Further information about the App is available at: https://www.coronawarn.app/en
    (provider: SAP Deutschland SE &amp; Co. KG)
</p>
<p>
    Further information about the SARS-CoV-2 pandemic is available at:
    https://www.zusammengegencorona.de
    (provider: Federal Ministry of Health)
</p>
<p>
    This further information is provided for information purposes only and does
    not form part of these Terms of Use.
</p>
<p>
    2. WHAT DOES LOW OR ELEVATED RISK MEAN?
</p>
<p>
    The App calculates the user’s estimated individual risk based on the
    exposures recorded by the COVID-19 Exposure Notification System. It
    considers factors such as days since exposure, exposure duration, the
    user’s rough proximity to the person who has tested positive for
    coronavirus (based on the Bluetooth signal attenuation), and the time since
    the onset of symptoms (if indicated by the person who tested positive when
    they provided their random IDs).
</p>
<p>
    The App will then show you a “low”, “elevated”, or – if the App is unable
    to perform risk identification – “unknown” risk. This is an estimate based
    on the data provided by the COVID-19 Exposure Notification System and the
    CWA Services.
    <strong>
        This does not mean that you are actually infected with SARS-CoV-2.
    </strong>
    You may still be infected if the App shows a “low risk”, and you may not be
    infected if it shows an “elevated risk”.
</p>
<p>
    <strong>
        Other factors can significantly affect your own personal risk of
        infection. The App does not take those factors into account.
    </strong>
    In particular, these include your own personal circumstances, the external
    circumstances of any possible exposure to a person with coronavirus, your
    own behaviour, and any exposure to third parties which is not recorded by
    the App. See also Section 4.
</p>
<p>
    3. WHAT SHOULD I DO IF I HAVE BEEN EXPOSED TO A CONFIRMED CASE?
</p>
<p>
    If the App notifies you of possible exposure to a person who has tested
    positive for coronavirus, it will also give you recommendations for what to
    do next. These recommendations are not legally binding, but the RKI does
    recommend that you follow them. They do not affect your legal or
    contractual obligations or any official requirements concerning what to do
    in the event of exposure to a confirmed case. You must still comply with
    any such obligations or requirements.
</p>
<p>
    <strong>
        No medical diagnosis whatsoever is performed in or using the App.
    </strong>
</p>
<p>
    <strong>
        The notification of possible exposure does not mean that you have been
        infected with SARS-CoV-2.
    </strong>
    It simply means that you have been exposed to someone with a confirmed case
    of SARS-CoV-2 during the last 14 days. Consequently, there is only a
    possibility that you could also have been infected. The classification of
    the risk as “low” or “elevated” is based solely on the data provided by the
    COVID-19 Exposure Notification System and the CWA Services (e.g.
    information about the onset of symptoms) and does not indicate whether you
    have actually been infected.
</p>
<p>
    <strong>The notification of possible exposure may be inaccurate. </strong>
    The COVID-19 Exposure Notification System may, for example, have recorded
    the possible exposure at a time when you were not close to your smartphone or
    while someone else was using it. The possible exposure may also have been
    wrongly registered due to existing limitations in the COVID-19 Exposure
    Notification System (see Section 8).
</p>
<p>
    4. THE APP DOES NOT PROTECT YOU AGAINST INFECTION
</p>
<p>
    The App serves to disrupt chains of infection.
</p>
<ul>
    <li>
        <strong>
            The App will not protect you against infection with SARS-CoV-2.
        </strong>
    </li>
    <li>
        <strong>
            The App will not reduce your own personal risk of infection.
        </strong>
    </li>
    <li>
        <strong>
            You can still become infected with SARS-CoV-2 even if the App
            doesn’t notify you of your exposure to the person who infected you:
        </strong>
    </li>
</ul>
<p>
    o The App does not know about all your encounters with other people. This
    may be because other people do not use the App, you do not always carry
    your smartphone with you, or you do not always have the App running. The
    exposure logging performed by the COVID-19 Exposure Notification System
    also has certain limitations (see Section 8).
</p>
<p>
    o The App only notifies you of any possible exposure to confirmed cases if
    this has been detected by the COVID-19 Exposure Notification System and
    passed on to the App. For this to happen, the infected person must have
    activated their own app’s warning feature. Activating the warning feature
    is voluntary and some infected persons may choose not to do this.
</p>
<p>
    Please also comply with all other precautions and official requirements
    when using the App. Reliable sources of information about the SARS-CoV-2
    pandemic and appropriate precautions include:
</p>
<p>
    https://www.infektionsschutz.de/coronavirus
    (provider: Federal Centre for Health Education, BZgA)
</p>
<p>
    https://www.zusammengegencorona.de
    (provider: Federal Ministry of Health)
</p>
<p>
    https://www.rki.de/covid-19
    (provider: RKI)
</p>
<p>
    This further information is provided for information purposes only and does
    not form part of these Terms of Use.
</p>
<p>
    Please follow the <strong>DHM rules</strong> even when using the App:
</p>
<p>
    <strong>D</strong>
    - Practise social distancing of at least 1.5 m.
</p>
<p>
    <strong>H</strong>
    - Wash your hands regularly for at least 20 seconds.
</p>
<p>
    <strong>M</strong>
    - Always wear a face mask when you go shopping and on public transport.
</p>
<p>
    This is the best way to protect yourself and others against the virus.
</p>
<p>
    5. RETRIEVAL OF TEST RESULTS
</p>
<p>
    You may only access your own test results via the App.
</p>
<p>
    If you are awaiting test results and the CWA Services are not available or
    you cannot retrieve your test results via the App for any other reason,
    please use alternative means to obtain your result (e.g. contact the test
    provider, such as your GP or the local public health department (<em>Gesundheitsamt</em>)). Do
    not wait until the App is available again.
</p>
<p>
    6. ACTIVATING THE WARNING FEATURE
</p>
<p>
    You can use the App to warn other people whom you have encountered that you
    have tested positive for SARS-CoV-2.
    <strong>
        You may only activate the warning feature if your positive test result
        came from an approved testing laboratory.
    </strong>
</p>
<p>
    If your testing laboratory is not linked to the CWA Services, your
    infection status will be verified via a verification hotline set up by the
    RKI. You may not activate the warning feature on the basis of merely having
    been notified of a possible exposure.
</p>
<p>
    In cases of doubt, first contact your GP or the local public health
    department (Gesundheitsamt)
</p>
<p>
    If you are not sure whether you have been infected, please contact your GP
    or the local public health department (<em>Gesundheitsamt</em>). There you
    will receive further advice and can be tested if necessary. In the
    meantime, make sure you follow the general recommendations for what to do
    in suspected cases of infection with SARS-CoV-2.
</p>
<p>
    Improper use
</p>
<p>
    <strong>
        Improperly activating the warning feature is prohibited and may result
        in serious consequences.
    </strong>
    You may, for example, be liable for damages towards anyone affected.
</p>
<p>
    7. REQUIREMENTS FOR USING THE APP
</p>
<p>
    The following technical requirements must be met in order to use the App:
</p>
<p>
    You will need a data connection
</p>
<p>
    Certain features of the App are based on central services and systems
    provided via the CWA Services. These features are therefore only available
    if your smartphone has an internet data connection, e.g. via UMTS, LTE or WiFi,
    enabling access to the CWA Services. Without a data connection, some or all
    of the features of the App will not be available. The same will apply when
    your smartphone is turned off, or in flight mode.
</p>
<p>
    The COVID-19 Exposure Notification System must be enabled
</p>
<p>
    Your smartphone’s COVID-19 Exposure Notification System must be enabled and
    have the necessary permission for the region “Germany” / for the App.
</p>
<p>
    <strong><em>Background updates</em></strong>
</p>
<p>
    The App needs to run permanently in the background. You will also need to
    restart the App if you restart your smartphone (e.g. after switching it off,
    after the battery has run out or after an operating system update) or if
    the App has been forced to close.
</p>
<p>
    Settings on your smartphone
</p>
<p>
    To use the App, you will also need to enable the Bluetooth (BLE)
    functionality on your smartphone and allow the App to access it if requested.
</p>
<p>
    The RKI also recommends enabling the following features on your smartphone and
    allowing the App to access them if requested, although you will still be
    able to use the basic features of the App without them:
</p>
<ul>
    <li>
        Notifications
    </li>
    <li>
        Camera
    </li>
</ul>
<p>
    Please check your smartphone settings to see whether these features are enabled
    and whether the App has permission to use them.
</p>
<p>
    Detailed instructions on how to set up the App on iOS and Android are
    available on the website of the open-source project for the Corona-Warn-App
    at https://www.coronawarn.app/en
    (provider: SAP Deutschland SE &amp; Co. KG). These instructions are
    provided for information purposes only and do not form part of these Terms
    of Use.
</p>
<p>
    You will need to use a current version of the App
</p>
<p>
    The RKI will occasionally publish updates for the App. You should install
    these updates as soon as possible and ensure that you are always using the
    latest version of the App. Using older versions of the App may lead to
    malfunctions and disruptions. If an update is absolutely necessary, you
    will be notified of this when you open the App.
</p>
<p>
    <strong><em>You will need a current version of iOS or Android</em></strong>
</p>
<p>
    The App uses the COVID-19 Exposure Notification System implemented by Apple
    in iOS and Google in Android. This is only available in iOS version 12.5
    and upwards and in Android version 6 and upwards. Unfortunately, the App
    does not work on earlier versions of the two operating systems.
</p>
<p>
    8. LIMITATIONS OF THE APP
</p>
<p>
    The App is designed to help you identify a possible exposure you have had
    to another user who subsequently tested positive for coronavirus. However,
    it is important to know that the App has certain limitations, especially:
</p>
<ul>
    <li>
        A possible exposure can only be assessed by the App if that possible
        exposure has been recorded by your operating system’s COVID-19 Exposure
        Notification System and passed on to the App. The RKI has no way of
        influencing the availability, completeness, correctness and reliability
        of these records in the COVID-19 Exposure Notification System.
    </li>
    <li>
        The App can warn you of a possible exposure to infected users of the
        official coronavirus app of any country participating in the
        transnational warning system. To do so, however, those users must have
        provided their positive test result via the respective coronavirus app,
        making this information available for the transnational warning
        feature.
    </li>
    <li>
        To assess the risk of infection, the App uses the information recorded
        about the Bluetooth signal attenuation. In principle, the lower the
        signal attenuation, the closer the smartphone. A higher signal attenuation
        can either mean that the other smartphone was further away (i.e. a distance
        of more than two metres) or that there was something between the two
        smartphones which blocked the signal. This may be an object such as a wall
        or a bag in which the smartphone was being carried, but also people or
        animals.
    </li>
</ul>
<p>
    9. RIGHTS OF USE
</p>
<p>
    <strong><em>Simple right of use</em></strong>
</p>
<p>
    You are hereby granted a limited, non-exclusive, non-transferable and
    revocable licence, which may not be sub-licensed, to use the App for your
    own personal, non-commercial purposes.
</p>
<p>
    The licence for the iOS version of the App covers use on any Apple smartphone
    owned or controlled by you, subject to the applicable terms and conditions
    of the App Store. You may also access and use the App via other Apple
    accounts linked to your own Apple account via Family Sharing or volume
    purchasing.
</p>
<p>
    You may make copies of the App for backup purposes. You are not granted any
    further rights to the App.
</p>
<p>
    <strong><em>Ownership of the App</em></strong>
</p>
<p>
    The App is the sole and exclusive property of SAP SE, Dietmar-Hopp-Allee
    16, 69190 Walldorf (<strong>SAP</strong>) or its licensors, subject to the
    rights granted to you under Section 9 and any other rights to the App which
    SAP has contractually granted to the Federal Republic of Germany.
</p>
<p>
    <strong><em>Open-source licensing notes</em></strong>
</p>
<p>
    Information on the use of third-party components contained in the App and
    the applicable licence terms can be found in the open-source licensing
    notes in the App.
</p>
<p>
    The App’s source code is published under the terms of the “Apache 2.0
    License” and can be downloaded at
    https://github.com/corona-warn-app .
    The terms of the “Apache 2.0 License” are available at
    https://www.apache.org/licenses/LICENSE-2.0.
</p>
<p>
    The licence terms which apply to the App’s source code as well as to
    third-party components contained in the App are not affected by the
    granting of rights under this Section 9.
</p>
<p>
    <strong><em>What is not allowed</em></strong>
</p>
<p>
    You may not manipulate or change the App.
</p>
<p>
    You may not use the App or the interfaces to the CWA Services for improper
    purposes. You may not use the CWA Services for any purpose other than the
    intended use of the App on your smartphone. You may only access the CWA
    Services via the App.
</p>
<p>
    10. IMPORTANT INFORMATION ABOUT AVAILABILITY AND CHANGES
</p>
<p>
    No legal claim to specific functionality
</p>
<p>
    The App is made available to you in the form in which it is published by
    the RKI. The RKI accepts no responsibility for the operability of the App
    or the CWA Services and does not agree any specific properties or qualities
    with you. You have no legal claim to specific functionality or any other
    quality of the App or the CWA Services. The RKI is entitled to make changes
    to the App at any time and to remove entire features or parts thereof or to
    add extra features to the App.
</p>
<p>
    No guarantee of availability
</p>
<p>
    The RKI may restrict or suspend the operation of the App and the CWA
    Services at any time. You have no legal claim to the continued availability
    of the App or any of the associated services and systems, including the CWA
    Services, as regards either individual features or the system as a whole.
</p>
<p>
    The RKI does not guarantee the availability or performance of the CWA
    Services. These may be temporarily unavailable due to maintenance or
    disruptions and may also be unavailable for longer periods of time. In such
    cases, the functionality of the App will be partially or completely
    restricted.
</p>
<p>
    Changes to these Terms of Use
</p>
<p>
    The RKI reserves the right to make changes to these Terms of Use. If you do
    not agree to the changed Terms of Use, you will no longer be able to use
    the App and the CWA Services and you will need to uninstall the App from
    your smartphone.
</p>
<p>
    Changes to risk assessment parameters
</p>
<p>
    The RKI also reserves the right to change the parameters used to assess the
    risk of infection at any time, in order to take into account the latest
    research findings on how the virus is spread. The RKI determines the
    parameters used at its own discretion.
</p>
<p>
    11. NO WARRANTY
</p>
<p>
    The RKI determines both the features and the design of the App and the CWA
    Services. The RKI does not agree any specific quality with you and you have
    no legal claim to the incorporation of certain features in the App or to
    these being designed in a certain way. The App is provided in the condition
    and with the features as implemented by the RKI when the App is published
    in the Apple App Store or on Google Play.
</p>
<p>
    The RKI will exercise reasonable care when providing the App and running
    the CWA Services. The RKI makes no other promises or assurances with regard
    to the App or the CWA Services. In particular, it does not warrant that:
</p>
<ul>
    <li>
        you will be able to use the App or the CWA Services without any
        interruption or errors,
    </li>
    <li>
        the App and the CWA Services will not be subject to any losses,
        corruption, attacks, viruses, interference, hacking or other
        security-related disruptions.
    </li>
</ul>
<p>
    You are responsible for backing up your smartphone and any systems connected to
    it, including all other apps stored on your smartphone.
</p>
<p>
    12. SPECIAL TERMS FOR THE IOS VERSION OF THE APP
</p>
<p>
    The following terms apply if you obtain the App from the Apple App Store
    and use it on the iOS operating system.
</p>
<p>
    Maintenance and support
</p>
<p>
    As the publisher of the App, the RKI is solely responsible for the App’s
    maintenance and support in line with these Terms of Use. Apple assumes no
    obligation to provide any maintenance or support services in respect of the
    App.
</p>
<p>
    Apple not liable for disruptions
</p>
<p>
    You may notify Apple in the event of disruptions affecting the App. To the
    extent legally permissible, Apple has no further obligations in the event
    of such disruptions.
</p>
<p>
    Product liability
</p>
<p>
    Apple is not liable for any legal claims by you or third parties in
    relation to the App or to the use or possession of the App, including
</p>
<ul>
    <li>
        product liability claims,
    </li>
    <li>
        claims based on the App not meeting statutory or regulatory
        requirements, and
    </li>
    <li>
        claims under consumer protection and data protection laws or similar
        laws,
    </li>
</ul>
<p>
    including claims in connection with the use of the HealthKit and HomeKit
    frameworks.
</p>
<p>
    Infringement of third-party intellectual property rights
</p>
<p>
    In the event that third parties assert claims due to the infringement of
    intellectual property rights by the App or your possession or use of the
    App, Apple shall not be responsible for the investigation, defence,
    resolution or fulfilment of such claims due to the infringement of
    intellectual property rights.
</p>
<p>
    US embargoes and sanctions
</p>
<p>
    In acknowledging these Terms of Use, you confirm that
</p>
<ul>
    <li>
        you are not in a country subject to an embargo by the government of the
        United States of America or deemed by the government of the United
        States of America to be a terrorist-supporting country and
    </li>
    <li>
        you have not been placed on a list of prohibited or restricted parties
        kept by the government of the United States of America.
    </li>
</ul>
<p>
    Apple’s right as a third-party beneficiary
</p>
<p>
    You acknowledge and accept that Apple is a third-party beneficiary under
    these Terms of Use and that Apple can therefore enforce these Terms of Use
    against you. The contracting parties retain the right to make changes to or
    cancel these Terms of Use, including Apple’s rights. This shall not require
    Apple’s consent.
</p>
<p>
    13. FINAL PROVISIONS
</p>
<p>
    Intended use; blocking in cases of improper use
</p>
<p>
    You may use the App and the CWA Services only in line with their intended
    used. In the event of improper use of the App or the CWA Services, the RKI
    reserves the right to ban users from accessing the App and the CWA
    Services.
</p>
<p>
    Third-party services
</p>
<p>
    If you use third-party services in connection with using the App, in
    particular those of telecommunication service providers for the provision
    of a data connection, you are responsible for the associated costs and
    complying with the relevant terms and conditions.
</p>
<p>
    Applicable law
</p>
<p>
    These Terms of Use are governed by the laws of the Federal Republic of
    Germany. The United Nations Convention on Contracts for the International
    Sale of Goods is excluded. This does not affect the statutory provisions on
    restriction of the choice of law and on the applicability of mandatory
    provisions, in particular those in the country in which you as a consumer
    are ordinarily resident.
</p>
<p>
    Severability
</p>
<p>
    Should any of these Terms of Use be or become legally invalid, this shall
    not affect the remaining provisions. The invalid provisions shall be
    replaced by any applicable statutory provisions. However, if this would
    constitute unreasonable hardship for one of the parties, the entire Terms
    of Use shall cease to be valid.
</p>
<p>
    * * *
</p>
